Boundary agreements: Bishop v Jaques confirms long-standing legal certainty

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Following on from the recent Court of Appeal decision in White v Alder, the Upper Tribunal’s ruling in Bishop v Jaques further cements the legal status of boundary demarcation agreements, even where such agreements were signed by someone other than the legal owner.

Background

In Bishop v Jaques [2025] UKUT 141 (LC), the Upper Tribunal was asked to consider the legal effect of a 1971 boundary agreement. The agreement had been signed by the husband of the then landowner, purporting to fix the boundary between what was now Mr Bishop’s private track and Mrs Jaques’ garden.

Mr Bishop had applied to the Land Registry for a determined boundary in support of a potential development. Mrs Jaques objected, relying on the historical memorandum and claiming long-standing recognition of the boundary based on that document.

The Tribunal’s decision

The Tribunal held that the 1971 memorandum was a valid boundary demarcation agreement. Although signed by the husband of the landowner, he was found to be acting with authority on her behalf. Importantly, the Tribunal confirmed that:

  • the agreement did not need to transfer land to be effective
  • the absence of a plan or precise measurements did not invalidate the agreement
  • the reference to a line of trees was sufficient to fix the boundary in context.

As a result, the agreement was binding on successors in title (including Mr Bishop) even though he had no prior knowledge of it.

A clear line from White v Alder

This decision aligns closely with the recent case of White v Alder [2025] EWCA Civ 392, in which the Court of Appeal upheld the validity of a boundary demarcation agreement entered into by previous owners. The Court confirmed that such agreements are enforceable against future owners and do not require registration or specific notice.

Both cases reinforce the courts’ preference for upholding private, negotiated settlements of boundary disputes. Where neighbours have resolved uncertainty through a written agreement, even decades earlier, that agreement will usually stand.

Key considerations

For landowners and developers:

  • Review past arrangements: Always find out if previous owners made any agreements about the boundary lines.
  • Put it in writing: When settling a boundary dispute, make sure the terms are clearly documented, signed by all parties and if possible, recorded with the Land Registry..
  • Be consistent: Installing a fence or planting along the agreed boundary can reinforce and visibly mark the line.

For potential buyers:

  • Go beyond the title plan: Title plans often show only approximate boundaries and might not match what exists on the ground.
  • Ask specific questions: Sellers aren’t always obligated to disclose past boundary agreements unless directly asked.

Conclusion

Bishop v Jaques continues a strong line of authority confirming that boundary demarcation agreements (even informal or historic ones) carry significant legal weight and can bind future owners. These agreements provide a practical means of resolving uncertainty, but they can also come as a surprise to those unaware of their existence.

Contact our Property Disputes solicitors today

Our specialist Property Disputes team has extensive experience in resolving boundary disagreements and advising on the enforceability of historical agreements. Whether you’re a landowner, developer, or buyer, we can help you understand your rights and options.

If you have any questions regarding the points raised in this article, please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.


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